CJ 3552 Study Guide - Midterm Guide: Forensic Identification, Rectal Examination, Morphine
Document Summary
Warrantless searches and exceptions: plain view. Scotus has said plain view means no need for a warrant. Limits: if police must manipulate an object, it is not in plain view, emergency exception. An emergency means there is no time to obtain a warrant. Wayne v. us (1963: the need to protect and preserve life or avoid serious injury is justification for what would otherwise be illegal . Crime scenes are not enough on their own to constitute an emergency: evidence preservation. Evanescent evidence: easily destroyed, disregarded, or likely lost . Reasonable belief that loss or destruction of evidence is imminent: the mere possibility it will be lost or destroyed is not enough. Does not apply to minor crimes: what is minor? , hot pursuit. Officer in pursuit of a suspect is enough probable cause to search. Police may follow suspects into constitutionally protected areas . If person is arrested, police can perform a search incident to lawful arrest (sila: sila.
